COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 637
(By Senators Macnaughtan, White, Hunter and Kessler)
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[Originating in the Committee on the Judiciary;
reported March 4, 1998.]
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A BILL to amend and reenact section two, article three-a, chapter
twenty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to extending the
application of the West Virginia Occupational Safety and
Health Act to the division of corrections and to the
division of health; redefining certain terms; and making
technical revisions.
Be it enacted by the Legislature of West Virginia:
That section two, article three-a, chapter twenty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3A. OCCUPATIONAL SAFETY AND HEALTH ACT.
§21-3A-2. Definitions.
As used in this chapter, unless the context clearly
indicates otherwise:
(a) "Commission" means the occupational safety and health
review commission established under this article;
(b) "Commissioner" means the labor commissioner or his or
her designated agent;
(c) "Employee" means any public employee of the state, or
any state agency;
(d) "Employer" means public employer and shall include
includes the state or any department, division, bureau, board,
council, agency or authority of the state other than the
Legislature; but shall not include the department of corrections,
the department of health and the Legislature
(e) "Occupational safety and health standard" means a
standard for health or safety which requires the adoption or use
of one or more practices, means, methods, operations or processes
reasonably necessary or appropriate to provide safe and healthful
employment in places of employment;
(f) "Person" means one or more individuals; and
(g) "Workplace" means a place where public employees are
assigned to work but shall does not include any place where
public employees are assigned to work that is under the
supervision and control of the Legislature or that is inspected
and regulated in accordance with federal occupational safety and
health standards or mine safety and health administration
standards. or facilities under the authority of the department of corrections, the department of health, or the Legislature
NOTE: This bill removes the exclusion of the former
departments of corrections and health (now divisions) from
coverage under the West Virginia Occupational Safety and Health
Act.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.